Is-ought and Its Relation to Hoppe's Argumentation Ethics
Richard Opheim
Abstract
Hoppe's Argumentation Ethics (AE) purports to show that propositions related to justice can be logically justified. Previously, it had been more or less decided that Hume's Law prevented any apodictic conclusions in the realm of morals/ethics. How then, does Hoppe think that AE could make an apodictic contribution?
Intro
As the purpose of all moral investigation (including justice) is to prescribe how humans should or ought to act, moral statements are sometimes called ought-statements. Depending on your preferred analysis of the language, an ought-statement is an imperative or implied conditional statement that tells its listener what he or she should do in order to conform to a moral rule. An is-statement, on the other hand, can be a fact or other kind of demonstrably-true statement.
Hume
Hume held that philosophers who seek to use logic to prove the truth of moral statements are committing a logical fallacy:
“In every system of morality, which I have hitherto met with, I have always remarked, that the author proceeds for some time in the ordinary ways of reasoning, and establishes the being of a God, or makes observations concerning human affairs; when all of a sudden I am surprised to find, that instead of the usual copulations of propositions, is, and is not, I meet with no proposition that is not connected with an ought, or an ought not. This change is imperceptible; but is however, of the last consequence. For as this ought, or ought not, expresses some new relation or affirmation, 'tis necessary that it should be observed and explained; and at the same time that a reason should be given, for what seems altogether inconceivable, how this new relation can be a deduction from others, which are entirely different from it.”1
So, Hume's Law states that one may not deduce a normative conclusion from non-normative premises.
Poincaré
Then is it impossible to use an ought-statement in a syllogism?
“If both of the premises of a syllogism are statements with the verb in the indicative, the conclusion will also be a statement with a verb in the indicative. In order to obtain a conclusion with a verb in the imperative, it is necessary that at least one of the premises has a verb in the imperative.”2
It's possible to deduce an ought-conclusion, as long as one of the premises is an ought-statement. However, there are no self-evidently true ought-statements, and so an ought-statement conclusion will never be apodictic.
Hoppe
Hoppe's justice theory argument 3 (called AE for “Argumentation Ethics.”) is as follows:
1. The answer to the question of what constitutes apodictically true rules of justice must be arrived at via the means of argumentation.
2. The act of argumentation presupposes that arguers have access to scarce resources. This has implications first of all for self-ownership: “… no one could possibly propose anything, and no one could become convinced of any proposition by argumentative means, if a person's right to make exclusive use of his physical body were not already presupposed.”
3. Argumentation also implies the right to claim unused scarce resources via first use (homesteading), since lack of the latter would make argumentation impossible. “By virtue of the fact of being alive, property rights to other things must be presupposed to be valid. No one who is alive could argue otherwise.”
4. “…[I]f a person did not acquire the right of exclusive control over … goods by homesteading, by establishing some objective link between a particular person and a particular resource before anyone else had done so, but instead late-comers were assumed to have ownership claims to things, then literally no one would be allowed to do anything with anything unless he had the prior consent of all late-comers.”
As Hoppe's AE argument contained no ought-sentences, he claimed to have avoided the is-ought problem.4
None of Hoppe's critics explicitly criticized AE for attempting to turn an is into an ought.
Summary of Hoppe's AE and Is-Ought
Hoppe had this to say about is- and ought-statements:
“Ought-statements cannot be derived from is-statements. They belong to different logical realms. It is also clear, however, that one cannot even state that there are facts and values if no propositional exchanges exist and that this practice of propositional exchanges in turn presupposes the acceptance of the private property ethic as valid. In other words, cognition and truth-seeking as such have a normative foundation, and the normative foundation on which cognition and truth rest is the recognition of private property rights.”5
Since the propositions of AE are is-statements, Hume's Law was not violated. Does this mean that Hoppe's AE has transcended the is-ought gap?“6 As Hoppe himself remarked:
“There is and remains a difference between establishing a truth claim and instilling a desire to act upon the truth—with ‘ought’ or without it. It is great, for sure, if a proof can instill this desire. But even if it does not, this can hardly be held against it.”7
Notes
1. David Hume, A Treatise of Human Nature, 295.
2. Henri Poincaré, Dernières Pensées, 225. “Si les prémisses d'un syllogisme sont toutes les deux à l'indicatif, la conclusion sera également à l'indicatif. Pour que la conclusion pût être mise à l'imperatif, il faudrait que l'une des prémisses au moins fût elle-mème à l'impératif.”
3. First appeared in “The Ultimate Justification of the Private Property Ethic,” Liberty (September, 1988), but was subsequently elaborated in A Theory of Socialism and Capitalism, 1988.
4. Hoppe's AE was partially inspired by Habermas's Discourse Ethics which was already seen as a demonstration of an apodictic ought-argument that didn't trigger Hume's Law.
5. Hoppe, op.cit, 345.
6. "[H]e has managed to transcend the famous is/ought, fact/value dichotomy that has plagued philosophy since the days of the scholastics.” M. Rothbard, Liberty, November, 1988.
7. Hoppe, op. cit., 408.
References
[1] Hoppe, H.H., “The Ultimate Justification of the Private Property Ethic,” Liberty (September, 1988).
[2] ___________, A Theory of Socialism and Capitalism, Kluwer, Boston, 1988.
[3] Hume, David, A Treatise of Human Nature, Digireads.com. 2015.
[4] Poincaré, Henri, Dernières Pensées, Flammarion. 1920.
[5] Rothbard, Murray, “Beyond Is and Ought,” Liberty (November, 1988).